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NY L85150




June 16, 2005

CLA-2-94:RR:NC:1:108 L85150

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Ms. Erma Tarkington
UPS Supply Chain Solutions, Inc.
516 Ligon Drive
Nashville, TN 37204

RE: The tariff classification of a decorative fiber-optic lamp with gnome from China.

Dear Ms. Tarkington:

In your letter dated May 18, 2005, on behalf of Cracker Barrel Old Country Store, you requested a tariff classification ruling.

The submitted sample is an outdoor fiber-optic lamp that consists of a glass ball, containing numerous fiber-optic filaments, atop a plastic tree trunk-shaped base. It is noted that this base contains lighting circuitry with several color-changing LED bulbs, which are activated by means of an AC adapter. This decorative lamp is incorporated atop a plastic green turf-shaped base, which also has a permanently affixed plastic gnome-shaped figure with arms reaching toward the color-changing lights.

The applicable subheading for the decorative fiber-optic lamp with gnome will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other electric lamps and lighting fittings: Other than of base metal. The rate of duty will be 3.9 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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